对污染水环境犯罪刑事立法的探究及完善对策

水是人类生存和发展的基础,我国水污染日益严重,已经威胁了人民健康,制约了经济发展。研究表明,我国现在的刑事立法还不够完善,存在如缺少具体的水污染犯罪罪名等问题。通过对水污染犯罪问题的研究,结合当前国内外的实际,总结出设立单独罪名、明确新设罪名概念、完善犯罪构成、弥补个罪法定刑等完善建议。

Exploration and Perfection of the Criminal Legislation of the Water-environment Pollution Crime

Water is the foundation of human life and development, but water-pollution in China is more and more serious, which has threatened people's health and restricted the economic development.Researches show that, our country's criminal legislation is not perfect, and problems like lacking of specific charges of water-pollution crime exit.In this paper, through the research on the problem of water-pollution crime, and combining with the current situation at home and abroad, some suggestions were summed up, such as the establishment of a separate charge, clearing the concept of this crime, improving the constitution of crime, making up the crime of statutory sentence, distinguishing between crime and non-crime, the boundaries of such crimes.